United States Ninth Circuit

District court did not err in concluding that Hernandez's prior conviction was a drug trafficking offense for purposes of U.S.S.G. section 2L1.2. His two months' incarceration for that offense was a "sentence imposed" for the purposes of that statute, thus a 12-level sentencing increase was appropriate.

Appellate Information

• Argued 10/10/2003
• Decided 12/17/2003
• Published 12/17/2003

Judges

• TASHIMA, Circuit Judge:, Before:  HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Christopher R. Kilburn, Assistant Federal Public Defender, Tucson, Arizona, for the defendant-appellant., Anne E. Gannon, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.